Separation Of Powers, Rule Of Law And Public Order

Question 1

What does AV Dicey say about the rule of law?

Answer 1

1. Citizens should be detained and subject to punishment, only if they have broken the law.
2. No one is above the law - equality between citizens and public officials.
3. Courts are seen as protectors.
4. Laws should not be applied without reason.

Question 2

What are the 3 separation of powers?

Answer 2

1. Legislature (Parliament) - makes law.
2. Executive (government) - implements/administer the law.
3. Judiciary (courts) - resolves disputes about the law.

Question 3

Why should there be a system of ‘checks and balances’ for the 3 separation of powers?

Answer 3

Each branch of state cannot operate without one another.

Therefore, there should be a system of checks and balances in place, so that one branch can be kept ‘in check’ by the other branches - resulting in a balance of power between the difference branches.

Question 4

The Obudsman

Answer 4

Investigate the complaints from people who have suffered injustice in consequence of ‘maladministration’ by government departments in exercise of their administrative functions - however their decisions are not binding on government ministers.

Question 5

What is the cabinet responsible of?

Answer 5

Collectively responsible for the actions of the government as a whole.

Question 6

Can ministers speak out in public against government policy?

Answer 6

No, they must resign if they wish to do so.

Question 7

Who is the lord chief justice and what is their responsibility?

Answer 7

President of the courts of England and wales.

Responsible for the training, guidance and deployment of judges.

Also responsible for representing the views of the judiciary to parliament, the lord chancellor and other ministers.

Question 8

Royal prerogative powers

Answer 8

Exercised by the government on the monarchs behalf.

New powers cannot be created or the scope of existing powers extended.

Question 9

How are the legislative and judiciary powers kept separate?

Answer 9

1. Judiciary are disqualified from becoming an MP.
2. Parliament cannot make criticism of a particular judge.
3. Judiciary will not become involved in political activities.
4. Parliament will refrain from discussing details of cases before the courts.
5. Parliament cannot be sanctioned by the court for comments made in Parliament.

Question 10

Does the government need to obtain parliamentary approval?

Answer 10

Where an emergency exists, they do not need to obtain parliamentary approval.

It is not a statutory requirement either, because taking military action is a prerogative power.

Question 11

What is a public procession?

Answer 11

1. To demonstrate support for or opposition to the views or actions of any person or body of persons.
2. To publicise a cause or campaign.
3. To mark or commemorate an event.

Question 12

How much notice do you have to give to the police for a public procession?

Answer 12

6 clear days notice of the date, time and route of the proposed procession.

Question 13

When do you not have to give notice to the police to have a public procession?

Answer 13

1. Funeral.
2. If it’s in a given police area.
3. Remembrance day.
4. Diwali parade.
5. If it was not reasonably practicable to give notice e.g. a protest that seems to be an immediate response to an announcement from the prime minister, and if giving notice, it would have missed the ministers visit.

Question 14

Can people be ordered to disperse from the protest?

Answer 14

No, unless it results in serious public disorder, serious damage to property, serious disruption to the life of the community or intimidating others.